Section 239(7) of the Municipal Act, 2001 requires that all resolutions, decisions and other proceedings that take place during a meeting be recorded without comment. This requirement applies whether the meeting is open or closed.
While the Municipal Act, 2001 prohibits “notes or comments” from being included in the official record, the requirement to keep a meeting record should be interpreted in a manner that is consistent with the intent of the municipal meeting provisions, which are directed at enhancing the openness, transparency and accountability of municipal government.
The Ombudsman has found that a proper record of a closed meeting should include:
- where the meeting took place;
- when the meeting started and adjourned;
- who chaired the meeting;
- who was in attendance, with specific reference to the clerk or other designated official responsible for recording the meeting;
- whether any participants left or arrived while the meeting was in progress and if so, at what time this occurred;
- a detailed description of the substantive and procedural matters discussed, including reference to any documents considered;
- any motions, including who introduced the motion and seconders; and
- all votes taken, and all directions given.
The Ombudsman recommends that all municipalities make audio recordings or video recordings of all meetings – both open and closed – to ensure a thorough record. In addition, it provides a clear and accessible record for closed meeting investigators to review, and assists in ensuring that officials do not stray from the legal requirements during closed meetings.
The Ombudsman also encourages municipalities, committees, and local boards to report publicly in open session about what transpired in closed session, providing as much detail as the subject matter permits.
April 02, 202402 April 2024
The Ombudsman found that the Municipality of Calvin contravened both the Municipal Act, 2001 and its procedural by-law in not having someone clerk or record minutes of meetings held by the Ad Hoc Code of Conduct Working Group and Ad Hoc Municipal Planning Working Group.
November 21, 202321 November 2023
The Ombudsman investigated a closed meeting of the City of Hamilton’s General Issues Committee held on February 6, 2019. While the Ombudsman found that the subject matter discussed fit within the exceptions under the Municipal Act, 2001, he found that the minutes did not capture the substance of the discussion. There was also no audio or video recording of closed session.
When interviewed, those who were present could not provide details of the in camera discussion and their accounts were not always consistent with one another. As a best practice, the Ombudsman recommended that the Committee ensure that its minutes provide an accurate record of the in camera discussion, including by providing a description of the substantive and procedural matters discussed. In addition, the Ombudsman encouraged the Committee to adopt the best practice of making audio or video recordings of all proceedings, including closed meetings, to ensure an accurate record.
October 30, 202330 October 2023
The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location for a meeting of the Huronia Airport Task Force on April 19, 2022, and also failed to record minutes of that meeting.
October 30, 202330 October 2023
The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location for a meeting of the Huronia Airport Task Force on April 19, 2022, and also failed to record minutes of that meeting.
October 30, 202330 October 2023
The Ombudsman found that the Town of Midland, the Town of Penetanguishene, and the Township of Tiny contravened the open meeting rules under their respective procedure by-laws when the municipalities failed to provide updated public notice regarding the changed electronic location for a meeting of the Huronia Airport Task Force on April 19, 2022, and also failed to record minutes of that meeting.
July 07, 202307 July 2023
The Ombudsman found that the Township of Adjala-Tosorontio’s minutes lacked details, thus falling short of the requirements outlined in its procedural by-law.
May 19, 202319 May 2023
An airport commission held several closed meetings where it neglected to keep minutes or the minutes did not contain accurate and complete details about the discussion. The Ombudsman noted that minutes do not need to record a verbatim transcript of the discussion, but should capture the substance of all matters considered. The Ombudsman also recommends audio or video recording all open and closed sessions, for a complete record.
March 20, 202320 March 2023
The Ombudsman investigated a special closed meeting held by the Grey Bruce Health Unit’s Board of Health on May 12, 2021, as well as a closed meeting held by the Board’s Executive Committee on May 10, 2021. While the Ombudsman found that the topics discussed at both meetings fit within exceptions under the Municipal Act, 2001, he found that the Board of Health and the Executive Committee contravened the Act by failing to record all matters discussed in closed session in the meeting minutes.
February 08, 202308 February 2023
The Ombudsman received a complaint regarding closed meetings held by the City of Cornwall’s Municipal Grants Review Committee / Working Group on November 9 and November 30, 2021. The Committee did not keep separate minutes for the open and closed portions of each meeting. The Ombudsman found that the minutes that were kept recorded limited information, and did not record the content or the nature of the Committee’s discussion. The Ombudsman recommended that the Committee ensure that minutes are kept for both open and closed sessions of meetings and that meeting records are complete and accurately reflect all of the substantive and procedural items that are discussed.
January 03, 202303 January 2023
The Ombudsman reviewed two complaints about an emergency closed meeting held by council for the Township of Prince. The Ombudsman determined that even though the Township of Prince resolved to appoint a temporary Clerk for the emergency closed meeting, it did not pass a confirming by-law to ratify this resolution.
August 19, 202219 August 2022
The Ombudsman received a complaint alleging that council for the Municipality of Casselman contravened the Municipal Act, 2001 during a meeting on October 26, 2021, by failing to pass a resolution describing the general nature of the matter to be discussed in closed session before moving in camera. The Ombudsman found that council contravened subsection 239(4) of the Act when it failed to state by resolution the general nature of the matter to be considered in camera. The Ombudsman also noted that the minutes did not accurately reflect the proceedings of the meeting.
July 29, 202229 July 2022
The Ombudsman received complaints alleging that council for the Town of Amherstburg violated the open meeting rules found in the Municipal Act, 2001 on November 8 and November 16, 2021. The November 8 and November 16 in camera meetings were not audio or video recorded and minutes of the closed sessions were not kept. The Ombudsman found that the Town failed to fulfill its obligation under section 239(7) of the Act in not keeping closed meeting minutes for these meetings. The Ombudsman has previously found that closed meeting records should provide an independent record of in camera proceedings even if some of this information could be implied from the open meeting minutes.
May 20, 202220 May 2022
The Ombudsman received a complaint about four meetings of Bruce County’s Executive Committee held on September 21, 2017, August 2 and September 6, 2018, and January 10, 2019. The Ombudsman found that the Committee’s meeting minutes did not include a full description of the subjects discussed in closed session. For several meetings in question, the Ombudsman observed that most of the content of the minutes had been copied verbatim from related staff reports, and it was unclear to what extent this reflected the content of the Committee’s actual in camera discussion. When interviewed, attendees could not recall the discussions. The Ombudsman acknowledged that the County has changed a number of its closed meeting practices since the meetings in question and recommended that the Committee remain diligent in ensuring it keeps a complete and accurate record of the substantive and procedural matters discussed during closed meetings. In addition, the Ombudsman recommended that the Committee make audio or video recordings of all proceedings, including closed meetings, to ensure an accurate record.
October 18, 202118 October 2021
The Ombudsman reviewed meetings held by the Baconfest Committee for the Township of Lucan Biddulph. The Ombudsman found that the Baconfest Committee is a committee of council subject to the open meeting rules, since it was formally established as one in the Township’s appointments by-law. The municipality failed to post notice of, or record meeting minutes for, its Baconfest Committee meetings. The Ombudsman recommended that the Township formally establish all committees by by-law, and ensure that all meetings are conducted in accordance with the open meeting rules.
October 01, 202101 October 2021
The Ombudsman reviewed a meeting of council for the Township of Brudenell, Lyndoch and Raglan. During the closed session, no formal minutes were taken. Although the Township has adopted the practice of recording its closed session meetings, only an incomplete recording of this meeting was available. The Ombudsman noted that audio recordings should not replace the written records as required by the Municipal Act, 2001. The Ombudsman recommended that the Township ensure that both open and closed session minutes are kept of all meetings of council, local boards, and committees. The Ombudsman also recommended that the Township ensure meeting records are complete and accurately reflect all of the substantive and procedural items that were discussed.
July 14, 202114 July 2021
The Ombudsman found that the Township failed to include information about topics discussed in the meeting minutes, including resolutions that were voted on but failed to pass. Minutes were limited to a list of resolutions passed by council. He recommended that, as a best practice, the Township improve its minute-taking practices.
While minutes are not intended to be a verbatim transcript, they should record the substantive and procedural subjects discussed and include all resolutions considered, including those that do not pass. Minutes that do not reflect the entirety of issues and matters discussed, as well as the decisions made, during a meeting of council do not provide the accurate record required to protect the municipality, should the meeting be subject to an investigation or litigation. Incomplete minutes also leave municipal officials without a record to consult in future in order to understand how an issue was considered or a decision was reached.
January 28, 202128 January 2021
The Ombudsman investigated the meeting practices of the Greater Napanee BIA. The Ombudsman struggled to obtain copies of meeting agendas and minutes for BIA board meetings held between March and June 2020. The Ombudsman noted that, as a best practice, the BIA board should ensure that all its meeting minutes are accessible by BIA staff and board members, as well as being available to the public for review.
January 13, 202113 January 2021
The Ombudsman investigated a special council meeting wherein the committee of the whole for the Township of Johnson met in closed session. The Ombudsman found that the meeting minutes did not include a full description of the subjects discussed in open or closed session. The Ombudsman recommended that the Township improve its record keeping practices by ensuring that the minutes reflect all substantive and procedural items discussed.
September 25, 202025 September 2020
The Ombudsman found that the Township of Sables-Spanish Rivers failed to record important information about the meeting, including the location, the time the meeting ended, and the time that the closed session began and ended. The minutes did not include a full description of the subjects discussed in closed session and in open session. They were almost entirely limited to a list of resolutions passed. As a result, it was impossible to determine, on the basis of the meeting records, which topics were discussed during the meeting and when. When interviewed, witnesses had conflicting recollections of the discussions. The Ombudsman recommended that the township improve its meeting minutes, and that it make audio or video recordings of closed meetings to ensure an accurate record of proceedings.
July 03, 201803 July 2018
The Ombudsman reviewed a closed meeting held by council for the Village of Casselman. During the closed session, council agreed to proceed with an offer of a contract of employment. The minutes did not record this as an in camera direction to staff or as an open session resolution. The Ombudsman recommended that closed session votes comply with the Municipal Act, 2001 and that council clearly identify the item being voted on, formally vote on it, and record the outcome in the meeting minutes.
June 29, 201829 June 2018
The Ombudsman reviewed a council meeting for the Township of Front of Yonge. The Ombudsman noted that the meeting minutes do not record council’s discussion about recycling bins. The municipality’s practice is to only record formal motions and votes of council in its meeting minutes. The Ombudsman noted in order to ensure complete and accurate record, all substantive and procedural items discussed at a meeting should be recorded.
April 18, 201818 April 2018
The Ombudsman reviewed a meeting of council for the Township of Tehkummah. During the closed session, the clerk left the meeting room, and no closed meeting minutes were taken. The Ombudsman found that the municipality failed to fulfill its statutory obligation to record council’s proceedings. The Ombudsman recommended that the township ensure that both open and closed session minutes are kept of all meetings of council, local boards, and committees. The Ombudsman also recommended that meeting records are complete and accurately reflect all of the substantive and procedural items that were discussed, and that meetings are audio and/or video recorded.
January 04, 201804 January 2018
The Ombudsman reviewed a closed meeting held by council for the Township of Lanark Highlands to discuss a number of items. The Ombudsman found that the minutes for the in camera discussion were sparse, with only the topics of the discussion listed. The Ombudsman recommended that the municipality improve its record keeping practices by ensuring that the minutes include reference to the location of the meeting, the start and end time of the meeting, attendance, a detailed description of the substantive and procedural matters discussed, motions, and all votes taken.
November 24, 201724 November 2017
The Ombudsman reviewed a closed meeting held by council for the City of Welland to appoint a new member of council. The Ombudsman commended the municipality for recording open and closed meetings of council. However, in this case, the audio recording system failed to work properly during the closed meeting. The Ombudsman recommended that the municipality review its audio recording system to ensure it is working properly.
June 16, 201716 June 2017
The Ombudsman reviewed five closed meetings held by council for the Township of Tehkummah. The Ombudsman identified several best practices to enhance the accountability and transparency of council meetings. The Ombudsman stated that keeping complete and accurate minutes of closed session meetings ensures that members of the public feel confident that matters dealt with in closed session were appropriate for in camera discussion, and that the requirements of the Municipal Act, 2001 and procedure by-law have been followed. Similarly, fulsome open meeting minutes allow members of the public who were unable to attend council meetings to understand how and why council reached certain decisions.
May 12, 201712 May 2017
The Ombudsman reviewed a closed meeting held by council for the City of Niagara Falls to discuss in camera the sale of property. The city audio records its closed session meetings. The closed session minutes for the meeting did not reflect council’s discussion or resolutions. The Ombudsman noted that audio recordings should not replace the written records as required by the Municipal Act, 2001. While an audio recording can provide a record of discussions held in camera, in this case, the audio recording of the closed session was of low quality, and it was difficult to hear all statements and to attribute statements to particular individuals.
April 03, 201703 April 2017
The Ombudsman reviewed a closed meeting held by the Board of Management for the Ridgeway Business Improvement Area (BIA) in the Town of Fort Erie to discuss the conduct of an employee of the BIA. No minutes were recorded for the meeting until weeks later by a member of the board. The Ombudsman recommended that to ensure an accurate record of proceedings, minutes should be recorded during the closed meeting.
January 23, 201723 January 2017
The Ombudsman reviewed two closed meetings held by council for the City of Timmins discuss the municipality’s Canada Day 150 Celebrations. The Ombudsman noted that the minutes for the closed session did not clearly record the item discussed, the vote that took place, and the outcome of the closed session vote. The Ombudsman recommended the municipality ensure that its in camera votes comply with the Municipal Act, 2001, including being properly recorded.
January 23, 201723 January 2017
The Ombudsman reviewed a closed meeting held by council for the City of Timmins to discuss the recruitment process to replace the retiring Chief Administrative Officer (CAO). The Ombudsman found that the closed session minutes did not clearly record the item discussed, the vote that took place, or the outcome of the closed session. The Ombudsman recommended that council for the city ensure that its in camera votes comply with the Municipal Act, 2001, including being properly recorded.
January 20, 201720 January 2017
The Ombudsman reviewed a closed meeting held by council for the City of Greater Sudbury to discuss an investigation regarding a contract between the city and a transit ticket kiosk. The Ombudsman noted the in camera minutes did not provide any specific information about the discussions that took place. The Ombudsman found that municipalities must record, without note or comment, all resolutions, decisions, and other proceedings at both open and closed meetings. The Ombudsman also recommended that the city make audio and/or video recordings of its closed meetings.
November 23, 201523 November 2015
The Ombudsman reviewed two closed meetings held by the Public Works Committee for the Township of Bonfield. The Ombudsman noted that the committee’s open session minutes only recorded the resolutions passed by the committee. The Ombudsman also found that the committee excluded the clerk during the closed session minutes and did not take any formal minutes for that portion of the meeting. The Ombudsman found that the municipality’s practices led to little substantive content of the committee’s discussion being recorded. The Ombudsman recommended that the municipality ensure that both open and closed session minutes are kept of all meetings of council, local boards, and committees. The Ombudsman also recommended that meeting records be complete and accurately reflect all of the substantive and procedural items that were discussed, and that meetings be audio and/or video recorded. Finally, the Ombudsman recommended that if the committee’s clerk delegates minute-taking responsibilities, and if the clerk is not attending the meeting, the delegation should be made formally in writing.
October 28, 201528 October 2015
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss amalgamation. The Ombudsman found that while both municipalities kept minutes of the closed session, neither recorded open session minutes. The Ombudsman recommended that both municipalities ensure they keep a complete record of all meetings, especially any decisions made during a meeting, regardless of form. The Ombudsman recommended that both municipalities make audio and/or video recordings of closed sessions.
October 28, 201528 October 2015
The Ombudsman reviewed a joint closed meeting held by council for the Village of Burk’s Falls and council for Armour Township to discuss amalgamation. The Ombudsman found that while both municipalities kept minutes of the closed session, neither recorded open session minutes. The Ombudsman recommended that both municipalities ensure they keep a complete record of all meetings, especially any decisions made during a meeting, regardless of form. The Ombudsman recommended that both municipalities make audio and/or video recordings of closed sessions.
August 10, 201510 August 2015
The Ombudsman reviewed a number of closed meeting held by council for the Township of Woolwich. The Ombudsman found that in some instances the closed meeting record did not reflect the actual substance of the discussion that took place in camera. The Ombudsman recommended that closed session minutes accurately reflect all of the substantive and procedural items that were discussed. The Ombudsman also recommended that council make audio and/or video recordings of its closed sessions.
July 08, 201508 July 2015
The Ombudsman reviewed a number of closed meetings held by the Township of Chamberlain. The Ombudsman found that meeting records for certain meetings were unavailable, and the meeting records that were available lacked detail or did not reflect the substance of the discussions. The Ombudsman recommended that the municipality ensure that complete and accurate records are kept of all meetings and that the records reflect all of the substantive and procedural items that were discussed. The Ombudsman also recommended that council make audio and/or video recordings of its closed sessions.
June 24, 201524 June 2015
The Ombudsman reviewed a meeting held by council for the Municipality of Magnetawan. The Ombudsman found that the minutes for the meeting did not include any information about the substance of council’s discussion. The Ombudsman recommended that the municipality ensure that its meeting record is complete and accurately reflects all of the substantive and procedural items that were discussed. The Ombudsman also recommended that council discussions be audio recorded.
April 22, 201522 April 2015
The Ombudsman reviewed a closed meeting held by the General Issues Committee for the City of Hamilton. The Ombudsman found that the meeting minutes failed to provide any information about the closed session discussions. The Ombudsman recommended that council keep complete, detailed and accurate records of all matters discussed during closed meetings, and that council make audio and/or video recordings of its closed meetings.
March 18, 201518 March 2015
The Ombudsman reviewed two closed meetings held by council for the Town of Bracebridge. The Ombudsman found that the minutes only captured the resolutions considered during the in camera sessions, but did not capture the substance of the discussions. The Ombudsman recommended that council ensure that minutes of closed meetings reflect the actual substance of the discussion and that council make audio and/or video recordings of its closed sessions.
March 02, 201502 March 2015
The Ombudsman reviewed seven closed meetings held by council for the Municipality of South Huron. The Ombudsman found that for several of the meetings, there was a lack of information available in the minutes. For one meeting, for example, the minutes failed to provide any information about the discussions that took place. In another instance, the meeting minutes failed to record all of the topics of the in camera discussion. The Ombudsman recommended that the municipality ensure that its meeting record is complete and accurately reflects all of the substantive and procedural items that were discussed. Additionally, the Ombudsman recommended that the municipality implement a practice of audio recording its closed sessions.
December 09, 201409 December 2014
The Ombudsman reviewed a closed meeting held by council for the Township of Baldwin to discuss the qualifications of individual and identifiable candidates for the municipal works foreman position. The Ombudsman found that it was not clear from the meeting record that all of the discussions during the in camera meeting were captured in the minutes. The Ombudsman recommended that township council keep comprehensive and accurate minutes of meetings and also consider audio recording its closed meetings.
January 11, 201111 January 2011
The Ombudsman reviewed several closed meetings held by the Ad Hoc Heritage Committee for the Town of Mattawa. The Ombudsman noted that the municipality did not have a formal record for two meetings. The Ombudsman recommended that the municipality ensure it follow a practice of keeping a proper record of closed sessions consistent with the requirements of the Municipal Act, 2001.
July 07, 201007 July 2010
The Ombudsman reviewed a closed meeting held by council for the Town of South Bruce Peninsula to discuss the staff hiring process. After conducting an investigation, the Ombudsman found several procedural violations, including issues with record-keeping during closed sessions. The Ombudsman found that while resolutions and decisions were noted in the minutes, the municipality did not keep a comprehensive and accurate record of its closed meeting discussions.
May 23, 200923 May 2009
The Ombudsman reviewed a closed meeting held by council for the Township of Baldwin. The Ombudsman found that the municipality’s procedure by-law failed to adhere to the requirements of the Municipal Act, 2001 in a number of ways, including authorizing council to meet in closed session for reasons beyond the exceptions contained in the Act. The Ombudsman recommended that the municipality update its by-law to require notice for all meetings, properly reflect the Act’s closed meeting exceptions, establish agenda procedures, and require complete and accurate records for all council meetings.